Topic
Every decision we've filed under Criminal.
The Fifth Circuit reversed a district court's dismissal of an indictment charging a Roblox user with transmitting threats in interstate commerce. The appellate court held that determining whether online statements constitute unprotected true threats requires a trial to resolve disputed factual questions about context and intent.
The Federal Circuit summarily affirmed the dismissal of a pro se appeal challenging the United States Treasury's handling of a $36 million check. The court held that the Tucker Act does not grant jurisdiction over tort claims or most constitutional allegations, and found the appellant's arguments implausible and frivolous.
The Sixth Circuit affirmed the conviction and 144-month sentence of Andrew Golobic, an ICE agent who used his authority to coerce sexual encounters with immigrants under his supervision. The court rejected all challenges regarding jury management, multiplicity of charges, and sentencing enhancements, clarifying that obstruction enhancements apply to pre-investigation conduct.
The Sixth Circuit affirmed the conviction and 144-month sentence of Andrew Golobic, an ICE agent who coerced sexual acts from immigrants under his supervision and obstructed the subsequent investigation. The court rejected arguments regarding juror excusal, multiplicity of charges, and sentencing enhancements, clarifying that the obstruction enhancement applies to pre-investigation conduct.
The Fourth Circuit vacated Sang Thanh Huynh's sentence due to a material discrepancy between the district court's oral pronouncement of supervised release conditions and the written judgment. Even though the Government conceded the error, the Court independently reviewed the record and found that such discrepancies require resentencing under established precedent.
The United States Court of Appeals for the Tenth Circuit granted an unopposed motion to dismiss an appeal filed by Brian William McKye. The court dismissed the appeal pursuant to Federal Rule of Appellate Procedure and local circuit rules, effectively ending the appellate proceedings.
The Eighth Circuit affirmed the revocation of Kevin Adams's supervised release and the imposition of a 22-month prison sentence. The court found no abuse of discretion, holding that the district court properly considered relevant factors and accorded a presumption of substantive reasonableness to the sentence within the Guidelines range.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Deray Eugene Morgan after finding no nonfrivolous issues for appeal. The court dismissed the defendant's criminal appeal following a review of the record and the counsel's Anders brief.
The Eleventh Circuit dismissed Steven James Kelly's criminal appeal because his notice of appeal was filed well past the 14-day deadline mandated by the Federal Rules of Appellate Procedure. Even applying the prison mailbox rule to calculate the filing date, the appeal remained untimely and ineligible for an extension of time.
The Eleventh Circuit granted appointed counsel's motion to withdraw from a direct criminal appeal after an independent review found no arguable issues of merit. Consequently, the court affirmed the defendant's convictions and sentence.